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American Civil Rights Laws and the Legacy of Jackie Robinson J Marquette University Law School Marquette Law Scholarly Commons Faculty Publications Faculty Scholarship 1-1-1998 American Civil Rights Laws and the Legacy of Jackie Robinson J. Gordon Hylton Marquette University Law School, [email protected] Follow this and additional works at: http://scholarship.law.marquette.edu/facpub Part of the Law Commons Publication Information J. Gordon Hylton, American Civil Rights Laws and the Legacy of Jackie Robinson, 8 Marq. Sports L.J. 387 (1998) Repository Citation Hylton, J. Gordon, "American Civil Rights Laws and the Legacy of Jackie Robinson" (1998). Faculty Publications. Paper 159. http://scholarship.law.marquette.edu/facpub/159 This Article is brought to you for free and open access by the Faculty Scholarship at Marquette Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. AMERICAN CIVIL RIGHTS LAWS AND THE LEGACY OF JACKIE ROBINSON J. GORDON HYLTON* The relationship of Jackie Robinson to American civil rights legisla- tion has been rarely addressed. While his signing with the Brooklyn Dodgers in the fall of 1945 was a landmark event in the history of the civil rights movement, it was a development that appeared to come com- pletely outside of the context of the NAACP-inspired movement to at- tack racial segregation in the courts and legislatures.' Organized baseball's ban on black players was an unwritten rule enforced by a pri- vate business, and according to the conventional account, it fell because of the heroic actions of Robinson and Brooklyn Dodgers President Branch Rickey who had the courage to sign a black player. It was not the legal mandate of integration that forced Rickey into action, the story has it, but his deeply held belief that African-American baseball players had been victims of injustice for too long.2 Even Rickey's critics, who claim that his motivation was purely economic-to pull new fans into Ebbets Field and to destroy the competition in the Negro Leagues- agree that he was not responding to political pressure. Moreover, while the signing of Jackie Robinson and his appearance in a major league uniform in April 1947 may have contributed greatly to the cause of black civil rights-in much the same way that Joe Lewis and * Associate Professor of Law, Marquette University, and Interim Director, National Sports Law Institute. Ph.D., Harvard University, J.D., University of Virginia, A.B., Oberlin College. This paper was originally presented at the National Sports Law Institute-sponsored symposium, "Jackie Robinson and the Law," Marquette University Law School, October 30, 1997. 1. For a general account of the NAACP campaign, see RicHARD KLUGER, SIMPLa Jus- TicE: Tim HISTORY OF Brown v. Board of Education and Black America's Struggle for Equal- ity (1975). 2. For scholarly examples of the traditional account, see DAVID QUEmNTIN VOIGT, AMERI- CAN BASEBALL: FROM POSTWAR EXPANSION TO THE ELECTRONIC AGE 44-51 (Vol. 1111983); BENJAMIN G. RADER, BASEBALL: A HISTORY OF AMERICA'S GAME 150-53 (1992); CHARLES ALEXANDER, OUR GArm: AN AMERIcAN BASEBALL HISTORY 198-203 (1991); MARK Rmow- SKY, A COMPLETE HISTORY OF THE NEGRO LEAGUES: 1884 to 1955 273-86 (1997); DAVID FAULKNER, GREAT TIME COMING 102-15 (1995); ARNOLD RAMPERSAD, JACKIE ROBINSON: A BIOGRAPHY 120-31 (1997). 3. For examples of this "revisionist" view, see JOEL ZOSS & JOHN BOWMAN, DIAMONDS IN THE ROUGH: Tim UNTOLD HISTORY OF BASEBALL 162-64 (1989) and the summary of other works provided in JULES TYGIEL, BASEBALL'S GREAT ExPERmIENT-. JACKIE ROBINSON AND HIs LEGACY 347-49 (Expanded ed. 1997). MARQUETTE SPORTS LAW JOURNAL [Vol. 8:387 Miriam Anderson had demonstrated that blacks could succeed in the white world-those events seemingly had little effect on the course of civil rights legislation. No new federal civil rights statutes were forth- coming from Congress until 1957, a full decade after his historic breaking of baseball's color barrier.4 Significant civil rights legislation, prohibiting discrimination in employment of the sort confronted by Robinson him- self, did not come until 1964, long after Robinson had retired from major league baseball.5 Historians have also been reluctant to credit the Robinson signing as playing a significant role in the civil rights advances in American law and government that occurred in 1947 and 1948. For example, two months after Robinson completed his successful 1946 season with the Montreal Royals of the International League, President Truman announced the appointment of a Committee on Civil Rights to investigate violations of the rights of black Americans and to recommend remedial legislation. Truman's decision occurred at a time when, at least according to Brook- lyn sportswriter Harold Burr, Robinson's name appeared in the newspa- pers as much as the president's.6 Similarly, the landmark Supreme Court case of Shelly v. Kramer7 was argued during the winter following Robin- son's "Rookie of the Year" winning performance during the 1947 season, and Truman's decision to end segregation in the United States military came in July 1948 when Robinson was well on his way to establishing that his rookie season had been no fluke.' There may well be a connec- tion between the integration of baseball and these events, although even Robinson's biographers have claimed that such events could not have occurred without the integration of baseballf Rather than be seen as a factor in the development of modem civil rights law, Jackie Robinson and the integration of baseball are viewed as something separate and apart. Robinson was, in the words of black sportswriter Sam Lacy, "a weapon far more potent than the combined forces of all our liberal legis- lation." 10 As the historian Jules Tygiel has noted "the integration of the 4. 71 STAT. 637 (1957). The 1957 Act established a six-man bipartisan commission on Civil Rights and give federal courts greater authority in proceedings involving interference with voting rights. 5. Civil Rights Act of 1964, 78 STAT. 241 (1964). 6. SPORTING NEws, Jan. 22, 1947, cited in TYG3EL, supra note 3, at 160. 7. 334 U.S. 1 (1948). 8. On Truman and civil rights, see BARTON BERNSTEIN, ED., POLrIcs AND POLICIES OF THE TRUMAN ADMmISTRATION 269-76 (1970). 9. For example, neither RAMPERSAD nor FAULKNER, supra note 2, attempt to link Robin- son's breaking of the baseball color barrier to these events. 10. AFRo-AMERICAN (BALIMORE), May 11, 1946, quoted in TYGIEL, supra note 3, at 75. 1998] THE LEGACY OFJACKIE ROBINSON Brooklyn Dodgers" has been viewed, not as a triumph of modern civil rights laws, but as the product of "several traditional conservative themes: individual achievement, meritocracy, and progress without gov- ernment interference."" Tia ORIGINS OF BASEBALL'S COLOR BAN Any examination of the relationship between the integration of base- ball and American civil rights laws must begin with at least a short his- tory of organized baseball's color ban. Formal efforts to bar African- Americans from participating in white baseball date from December 1867, when the nominating committee of the National Association of Base Ball Players, then the governing body of American baseball, voted unanimously to bar from membership clubs "composed of one or more colored players."' 2 The rules of the National Association, the first professional baseball league organized in 1871, contained no prohibition against black players, but no African-American performed in that league which lasted until 1876. The same was true of the National League which was formed in 1876. Neither of these leagues needed such a written rule because blacks were excluded from the outset on the basis of an unwritten regulation that came to be known as the "Gentlemen's Agreement.' 3 There was, however, no absolute color ban in the final quarter of the nineteenth century, and blacks did play in other white professional leagues. In 1878, Bud Fowler pitched three games for Lynn of the Inter- national Association, a league equal in talent to the National League, and one game for Worcester of the New England Association. 4 No other blacks appeared until 1883, but between 1883 and 1899, more than 70 African-Americans played in white professional leagues and at differ- ent times three minor leagues featured all-black teams playing against all white opponents.' 5 In 1884, Moses Fleetwood Walker and his brother Weldy played for Toledo of the then major league American Association, earning the offi- 11. TYGIEL, supra note 3, at 346-47. 12. BALL PLAYERS' CHRoNICLE, Dec. 19, 1867, quoted in DEAN SULLIVAN, ED., EARLY INNINGS: A DocuMENTARY HISTORY OF BASEBALL, 1825-1908 68-69 (1995). 13. On the early discriminatory practices of the National Association and the National League, see ROBERT PETERSON, ONLY THE BALL WAS WHITE 17 (1970). 14. See Bob Davids, "Chronological Registry of 19th-Century Black Players in Organized Baseball," in SOL WrTE'S HISTORY OF COLORED BASEBALL wrrH OTHER DocuwmNrs OF THE EARLY BLACK GAME, 1886-1936 162 (Jerry Malloy, ed., 1995) (hereinafter "Malloy"). 15. Id. at 162-68. MARQUETTE SPORTS LAW JOURNAL [Vol. 8:387 cial distinction of being the first African-Americans to play major league baseball.16 (Jackie Robinson, contrary to popular belief, was actually the third.) The appearance of black players on the roster of a major league team was not universally applauded. In a well-publicized incident in 1883, the Chicago White Stockings (now
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